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Articles 1 - 30 of 69
Full-Text Articles in Law
Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus
Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus
Northern Illinois University Law Review
This casenote analyzes Rosenberger v. Rector & Visitors of the University of Virginia and determines that the Court misapplied Establishment Clause precedent and erroneously rejected the three-prong Lemon test. In examining the decision, the note provides a brief historical overview of the development of the numerous tests surrounding the Establishment Clause, focusing primarily on the past fifty years. The note concludes that in failing to mention the Lemon test, Rosenberger merely adds more confusion to the already bewildering area of Establishment Clause jurisprudence.
A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis
A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis
Northern Illinois University Law Review
This casenote examines the Supreme Court's landmark ruling in United States v. Lopez, in which the Court struck down a Congressional enactment under the Commerce Clause for the first time in modern history. The note traces Commerce Clause jurisprudence back to the days of the Founding Fathers and analyzes the Lopez opinion in an historic context. It also provides an overview of how the lower federal courts have dealt with appeals based on the Lopez ruling and concludes that the federalism debate, which underlies the Court's 5-4 decision, has been renewed but not resolved.
Business Standing Under The Illinois Consumer Fraud Act: An Attempt To Resolve The Confusion, Edward X. Clinton Jr.
Business Standing Under The Illinois Consumer Fraud Act: An Attempt To Resolve The Confusion, Edward X. Clinton Jr.
Northern Illinois University Law Review
This article analyzes the standard for when a business has standing to pursue an action under the Illinois Consumer Fraud Act. The article contends that several decisions addressing this issue are in conflict. The article proposes a new test to resolve the conflicts in the decisions. Under that test, which is used in other states, a business has standing to raise a claim under the Act when the business is acting in a manner similar to an ordinary consumer.
Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram
Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram
Northern Illinois University Law Review
This article examines whether a landlord's insurance coverage should extend to cover his or her tenant's personal property from loss or damage caused by the tenant's negligence. Although the courts are divided on whether to allow the landlord's insurer to recover from the tenant through the insurance contract's subrogation clause, the author argues careful and thoughtful lease drafting can avoid or eliminate liability issues between the landlord and tenant. Such drafting gives the courts a clearer picture of the exact relationship between the parties and who should bear the risks involved under a given set of circumstances.
Stevens's Professionalism And Ours, David Luban
Stevens's Professionalism And Ours, David Luban
William & Mary Law Review
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis
Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis
Law and Contemporary Problems
Lustration laws are used in the nations of the former communist bloc to determine whether suspected individuals collaborated with the former state security service. An overview is presented of the current status of such laws.
It's A Wonderful Life, Or Is It - America Without Judicial Independence, Penny White
It's A Wonderful Life, Or Is It - America Without Judicial Independence, Penny White
Scholarly Works
No abstract provided.
Courting Disrespect, Bruce Ledewitz
Courting Disrespect, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Illinois Superfund Law Prior To The Brownfields Legislation, James T. Harrington
The Illinois Superfund Law Prior To The Brownfields Legislation, James T. Harrington
Northern Illinois University Law Review
This article examines the state of law for landowner liability caused by the release or threat of release of "hazardous substances" in Illinois prior to the enactment of the Brownfields Act. It demonstrates the inadequacies of not only Illinois Superfund law, but federal law's attempts to find landowners liable for environmental cleanup without having reasonable and knowable standards, known procedures, and reasonably predictable results. The article concludes by underscoring the fact that without remedying these inadequacies, viable land will remain undeveloped and unproductive, and will drain community resources.
Mid-Atlantic Ethics Committee Newsletter, Summer 1996
Mid-Atlantic Ethics Committee Newsletter, Summer 1996
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Siting, Justice, And The Environmental Laws, Rodger C. Field
Siting, Justice, And The Environmental Laws, Rodger C. Field
Northern Illinois University Law Review
Environmental justice is gaining momentum throughout the country. As a result, industrial development can no longer be determined solely by the dictates of one agency or entity. Environmental justice requires efforts of all to participate in the decision-making process to determine how industry will develop in the future. This article traces the history and themes of the environmental justice movement and examines that movement's impact on industrial development. Specifically, the article focuses on how the environmental justice movement affects future source-siting decisions and its ramifications on the various levels of government and on the industrial development. The article concludes by …
Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan
Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan
Northern Illinois University Law Review
This article analyzes liability of owners and operators of underground storage tanks for tank leakage. Theories of liability include the federal Resource, Conservation and Recovery Act ("RCRA"), breach of contract, negligence, negligence per se, res ipsa loquitor, trespass, nuisance, and strict liability. Liability is analyzed in two factual scenarios: liability of past owners/operators to current owners for contamination of the site from prior operations; and liability of tank owners/operators for contamination that migrates off-site to adjoining properties.
Brownfields Bill Promotes Sweeping Changes, David L. Rieser
Brownfields Bill Promotes Sweeping Changes, David L. Rieser
Northern Illinois University Law Review
Potential Illinois landowners have been fearful of redeveloping urban industrial area since the advent of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"). Landowners feared the astronomical cleanup liability associated with purchasing contaminated property as well as the vigor in which the Illinois Environmental Protection Agency enforced such cleanup. However, this fear has now been abated to a degree, with Governor Edgar signing into law the Illinois Brownflelds program. This article explores the need for such a program, and proceeds to analyze the program's objectives and application. The article ends by appreciating that there will be an experimental stage …
From The Ground To The Sky: The Continuing Conflict Between Private Property Rights And Free Speech Rights On The Shopping Center Front Seventeen Years After Pruneyard, Ian J. Mcpheron
Northern Illinois University Law Review
This Comment examines the intersection of property rights and free speech rights by tracing how the Supreme Court has dealt with this intersection in a shopping center context and in other contexts. The Comment proceeds to examine how state supreme courts have traversed the intersection in favor of property rights over free speech rights, and also how states that have not decided this issue will likely resolve it. Upon formulating an analysis practitioners can use in the future when arguing this issue in the undecided states, the Comment concludes that the best argument is based on how close a shopping …
Title Vi As A Means Of Achieving Environmental Justice, Natalie M. Hammer
Title Vi As A Means Of Achieving Environmental Justice, Natalie M. Hammer
Northern Illinois University Law Review
This Comment addresses racism in the siting of hazardous waste facilities. The Comment begins by describing the various studies that document the correlation between race and siting decisions, and the Comment concludes that race is a primary factor in environmental siting decisions. After analyzing the various attempts by minority plaintiffs to address this inequity, the author concludes that Title VI may be the best option for minority plaintiffs to achieve environmental justice.
Rethinking Restoration: Risk Based Corrective Action And The Future Of Economic Regulation, Gerald W. Phillips
Rethinking Restoration: Risk Based Corrective Action And The Future Of Economic Regulation, Gerald W. Phillips
Northern Illinois University Law Review
The success of traditional environmental regulatory programs is clear. However, change is necessary in order to address the less obvious and more technically difficult environmental problems which remain. Risk based decision has been gaining support as an effective method of protecting human health and the environment. Risk management is a pragmatic and cost-effective decision-making tool. Risk management can efficiently improve environmental priority setting, encourage redevelopment of Brownfield properties, and maintain environmental protection.
Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law
Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Framing The Issues, Carlson M. Legrand
Framing The Issues, Carlson M. Legrand
International Law Studies
No abstract provided.
State Responsibity And Civil Reparation For Environmental Damage, Leslie C. Green
State Responsibity And Civil Reparation For Environmental Damage, Leslie C. Green
International Law Studies
No abstract provided.
The Conclusion That A Sinister Conspiracy Of Foreign Origin Controls Organized Crime: The Influence Of Nativism In The Kefauver Committee Investigation, David R. Wade
Northern Illinois University Law Review
The Special Senate Committee to Investigate Organized Crime in Interstate Commerce began its work on May 10, 1950 and concluded with the submission of its final report on May 1, 1951. The function of the Committee was to fully study the extent to which organized crime makes use of the facilities of interstate commerce. Following hearings held in 14 cities and testimony from more than 600 witnesses, the Committee concluded that a sinister conspiracy of foreign origin controls organized crime. The Committee's hearings were the first Congressional Committee hearings televised live to a national audience. This Article examines the influence …
Dna Fingerprinting: The Failings Of Frye, John Mccabe
Dna Fingerprinting: The Failings Of Frye, John Mccabe
Northern Illinois University Law Review
This article examines a line of precedent which has utilized the Frye standard to exclude forensic DNA evidence. An analysis of these cases provides support for the criticism that the Frye standard is subject to manipulation by those seeking to exclude evidence. Examining the scientific debate concerning the statistical interpretation of DNA evidence reveals that the Frye standard is a poor conceptual framework to evaluate an emerging forensic technique. The ambiguities of Frye allow the presentation of scientific controversy, which is inherent in any scientific advance, as constituting a lack of general acceptance. Furthermore, the adversarial nature of the Frye …
The (Social And Economic Paradigm Of Racism And Its Impact On The Educational And Professional Experiences Of Seven African-American Attorneys In Oklahoma City, Tynan D. Anderson
The (Social And Economic Paradigm Of Racism And Its Impact On The Educational And Professional Experiences Of Seven African-American Attorneys In Oklahoma City, Tynan D. Anderson
McCabe Thesis Collection
Through the years Blacks have struggled for equality from the right to sit anywhere they chose on a bus to the right to eat in any restaurant. One of the most significant areas of struggle has been equal employment opportunities for Black professionals. The number of Black professionals has increased through the years; however, this increase is minimal when compared to the overall number of professionals in the United States. For example, "the number of Black attorneys has increased by 600% over the past seventeen years... [yet] they only constitute four percent of the total number of lawyers in the …
Born To Lose: The Illinois "Baby Richard" Case--How Examining His Father's Pre-Birth Conduct Might Have Led To A Different Ending For Richard, Gerald W. Huston
Born To Lose: The Illinois "Baby Richard" Case--How Examining His Father's Pre-Birth Conduct Might Have Led To A Different Ending For Richard, Gerald W. Huston
Northern Illinois University Law Review
This casenote examines the factual and legal circumstances surrounding the controversial "Baby Richard" case--a case in which the courts applied a "best interests" test, and in so doing, removed a child from the home of his adoptive parents to return the child to his birth parents. By drawing comparisons to practices in other jurisdictions, the author concludes that a thorough examination of the birth father's pre-birth conduct likely would have changed the court's decision.
Podberesky, Hopwood, And Adarand: Implications For The Future Of Race-Based Programs, Lino A. Graglia
Podberesky, Hopwood, And Adarand: Implications For The Future Of Race-Based Programs, Lino A. Graglia
Northern Illinois University Law Review
Three recent decisions requiring strict scrutiny of race-based programs put the future of racially preferential "affirmative action" programs in doubt. In Podberesky, the Fourth Circuit disallowed race-based scholarship programs. In Hopwood, the Fifth Circuit rejected diversity and held that remedying past discrimination (narrowly defined) was the sole justification for race-based admissions. In Adarand, the Supreme Court required strict scrutiny of federal as well as state race-based programs.
The Case For Expanded Illinois Insurance Producer Duties, Michael Schag
The Case For Expanded Illinois Insurance Producer Duties, Michael Schag
Northern Illinois University Law Review
In his article, the author argues that current industry practices and consumer expectations justify the expansion of the duties owed by insurance producers to their clients. Specifically, he proposes that courts should become more vigilant in holding producers accountable for failing to inquire broadly into the consumer's insurance needs and for failing to properly advise the consumer regarding pertinent coverage areas.
The "Impartial" Jury And Media Overload: Rethinking Attorney Speech Regulations In The 1990s, Katrina M. Kelly
The "Impartial" Jury And Media Overload: Rethinking Attorney Speech Regulations In The 1990s, Katrina M. Kelly
Northern Illinois University Law Review
As a growing number of attorneys seek and receive more media attention during trials, the days in which jurors judge a case's merits based solely on what they have heard in the courtroom are quickly fading. The author discusses the present state of Model Rules of Professional Conduct Rule 3.6, which regulates attorney speech, and examines the difficulties courts have faced in applying the provision. The solution to the attorney speech problem likely lies in a revised standard in which jurors are not required to completely leave their personal beliefs outside the jury room.
Religious Tolerance And Its Limits In Early America, George Dargo
Religious Tolerance And Its Limits In Early America, George Dargo
Northern Illinois University Law Review
This article posits that religious toleration in early America was rooted in practical considerations amid the necessities of settlement. The British colonies in North America achieved an unparalleled degree of religious liberty. Even groups that were on the social margins of American life--e.g., Roman Catholics, Jews, African Americans--gained a measure of social recognition and religious toleration because they found a role or served certain necessary functions in a developing society. Native Americans were not similarly treated because they were never able to establish equivalent functional utility. Philosophical advocates of Religious Toleration and Freedom of Conscience--principally Roger Williams and John Locke--envisaged …
The Reality Of Curtiss-Wright, Anthony Simones
The Reality Of Curtiss-Wright, Anthony Simones
Northern Illinois University Law Review
In the 1936 case of United States v. Curtiss-Wright Export Corporation, the Supreme Court upheld an arms embargo imposed by Franklin Roosevelt upon the warring factions in the Chaco conflict. Although Congress authorized the embargo, the Court chose to rely on "the exclusive power of the president to act as sole organ of the federal government in the field of international relations." In the ensuing fifty years, commentators have consistently criticized Curtiss-Wright; in contrast, members of the Supreme Court have regularly looked to Curtiss-Wright as guiding precedent. This article examines the manner in which the Court has used Curtiss-Wright to …
The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift
The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift
Northern Illinois University Law Review
The benefits accrued through the use of computer and technological advances unfortunately sometimes infringe upon personal liberties. This comment examines the range and scope of the Exclusionary Rule in those instances when computer or technological errors supply improper evidence about individuals to police. The author focuses on the Supreme Court decision in United States v. Evans, and then places Evans in its context in criminal procedure jurisprudence.